Avantechs Inc operates this Site to provide online access to information about Avantechs and the products, services, and opportunities we provide (the “Service”). By accessing and using this Site, you agree to each of the terms and conditions set forth herein (“Terms of Use”). Additional terms and conditions applicable to specific areas of this Site or to particular content or transactions are also posted in particular areas of the Site and, together with these Terms of Use, govern your use of those areas, content or transactions. These Terms of Use, together with applicable additional terms and conditions, are referred to as this “Agreement”.
Avantechs reserves the right to modify this Agreement at any time without giving you prior notice. Your use of the Site following any such modification constitutes your agreement to follow and be bound by the Agreement as modified. The use of this website is subject to the following terms of use:
1. Use of Site
You may use the Service, the Site, and the information, writings, images and/or other works that you see, hear or otherwise experience on the Site (singly or collectively, the “Content”) solely for your non-commercial, personal purposes and/or to learn about Avantechs Inc products and services. No right, title or interest in any Content is transferred to you, whether as a result of downloading such Content or otherwise. Avantechs reserves complete title and full intellectual property rights in all Content. Except as expressly authorized by this Agreement, you may not use, alter, copy, distribute, transmit, or derive another work from any Content obtained from the Site or the Service, except as expressly permitted by the Terms of Use.
2. Copyright
The Site and the Content are protected by U.S. and/or foreign copyright laws, and belong to Avantechs or its partners, affiliates, contributors or third parties. The copyrights in the Content are owned by Avantechs or other copyright owners who have authorized their use on the Site. You may download and reprint Content for non-commercial, non-public, personal use only. (If you are browsing this Site as an employee or member of any business or organization, you may download and reprint Content only for educational or other non-commercial purposes within your business or organization, except as otherwise permitted by Avantechs. You may not manipulate or alter in any way images or other Content on the Site.
3. Trademarks
You are prohibited from using any of the marks or logos appearing throughout the Site without permission from the trademark owner, except as permitted by applicable law.
4. Links to Third-Party Web Sites
Links on the Site to third party web sites or information are provided solely as a convenience to you. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s). Avantechs is not responsible for the availability of any such web sites. If you use the links to the web sites of Avantechs affiliates or service providers, you will leave the Site, and will be subject to the terms of use and privacy policy applicable to those web sites.
4.1 You may not create a link to this website from another website or document without COMPANY’s prior written consent.
5. Downloading Files
Avantechs cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection by software viruses or other harmful computer code, files or programs.
5.1 Comedy Show Download
Avantechs, Inc assumes no responsibility for any technical issues during the download process, and any possible viruses. Please be advised the content of the comedy show may not be appropriate for younger audience.
6. Disclaimer of Warranties
AVANTECHS MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE SITE, THE SERVICE OR THE CONTENT. AVANTECHS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE SITE, THE SERVICE, THE CONTENT, AND ANY PRODUCT OR SERVICE FURNISHED OR TO BE FURNISHED VIA THE SITE. AVANTECHS DOES NOT WARRANT THAT THE FUNCTIONS PERFORMED BY THE SITE OR THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS IN THE SITE OR THE SERVICE WILL BE CORRECTED. AVANTECHS DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE CONTENT, OR THAT ANY ERRORS IN THE CONTENT WILL BE CORRECTED. THE SITE, THE SERVICE AND THE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS./
7. Limitation of Liability
IN NO EVENT WILL AVANTECHS BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER INDIRECT DAMAGES ARISING OUT OF (I) THE USE OF OR INABILITY TO USE THE SITE, THE SERVICE, OR THE CONTENT, (II) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE SITE; (III) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SITE, THE SERVICE AND/OR THE CONTENT, (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR (V) ANY OTHER MATTER RELATING TO THE SITE, THE SERVICE, OR THE CONTENT, EVEN IF AVANTECHS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE SITE, THE SERVICE, THE CONTENT, OR WITH THE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
AVANTECHS INC. DISCLAIMS ANY RESPONSIBILITY FOR THE ACTUAL PERFORMANCE OF THE PRODUCT. ACTUAL PERFORMANCE AND PERCENTAGE OF SAVINGS RELIES ON VARIOUS FACTORS INCLUDING BUT NOT LIMITED TO: VEHICLE WEIGHT, OUTSIDE WEATHER AND TEMPERATURE, ROAD CONDITIONS, VEHICLE AERODYNAMIC CHARACTERISTICS, TYPE OF TIRES USED, TYPE OF ENGINE AND TRANSMISSION, ALTITUDE, DIRECTION OF CROSS WINDS, AND HUMAN FACTOR. THEREFORE, AVANTECHS INC. CANNOT BE RESPONSIBLE FOR ANY AND ALL NUMBERS POSTED ON THE WEBSITE OR ANY OTHER ADVERTISEMENT MATERIALS, AS THEY ARE USED FOR ILLUSTRATION PURPOSES ONLY, AND WERE DERIVED ON OUR TEST CONDITIONS.
8. Indemnification
You understand and agree that you are personally responsible for your behavior on the Site. You agree to indemnify, defend and hold harmless Avantechs, its parent companies, subsidiaries, affiliated companies, joint ventures, business partners, licensors, employees, agents, and any third-party information providers to the Service from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees, resulting from or arising out of your use, misuse, or inability to use the Site, the Service, or the Content, or any violation by you of this Agreement.
9. Privacy
Avantechs Inc will not under any circumstance make your information or any data specific to your account available to any third party – including local, state, or federal law enforcement authorities – without a court order specifically requiring us to release this information. At Avantechs Inc, we have an acute understanding of how important our customer truly is, and we are tirelessly dedicated to keeping those customers happy./
10. User Conduct
You agree to use the Site only for lawful purposes. You agree not to take any action that might compromise the security of the Site, render the Site inaccessible to others or otherwise cause damage to the Site or the Content. You agree not to add to, subtract from, or otherwise modify the Content, or to attempt to access any Content that is not intended for you. You agree not to use the Site in any manner that might interfere with the rights of third parties.
11. User Supplied Information
Avantechs does not want to receive confidential or proprietary information from you via the Site, except for online purchases. Online purchases are addressed separately in section 9 of this agreement.
You agree that any material, information, or data you transmit to us or post to the Site (each a “Submission” or collectively “Submissions”) will be considered non confidential and non proprietary. For all Submissions, (1) you guarantee to us that you have the legal right to post the Submission and that it will not violate any law or the rights of any person or entity, and (2) you give Avantechs the royalty-free, irrevocable, perpetual, worldwide right to use, distribute, display and create derivative works from the Submission, in any and all media, in any manner, in whole or in part, without any restriction or responsibilities to you.
12. Copyright and Content Release:
By submitting any information such as: photographs, product evaluations or comments, videos, stories, etc., to Avantechs, Inc ., via this website or any other means, one indemnifies, represents and warrants that one has ownership or full right to submit and use this information. By submitting such information one grants in perpetuity and without any compensation the right to any content, photographs, or any other submission in any form to be utilized at the sole discretion of Avantechs, Inc.
13. General Provisions
a. Entire Agreement/No Waiver. These Terms of Use constitute the entire agreement of the parties with respect to the subject matter hereof. No waiver by Avantechs of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
b. Correction of Errors and Inaccuracies. The Content may contain typographical errors or other errors or inaccuracies and may not be complete or current. Avantechs therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update the Content at any time without prior notice. Avantechs does not, however, guarantee that any errors, inaccuracies or omissions will be corrected./
c. Enforcement/ Choice of Law/ Choice of Forum. If any part of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, it will not impact any other provision of this Agreement, all of which will remain in full force and effect. Any and all disputes relating to this Agreement, Avantechs’s Privacy Policy, your use of the Site, any other Avantechs web site, the Service, or the Content are governed by, and will be interpreted in accordance with, the laws of the State of Colorado, without regard to any conflict of laws provisions.